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View Full Version : Need advice on parking lot fender bender



SanJoaquinSooner
6/14/2011, 03:40 PM
We were parked facing opposite directions and began backing up at the same time. I saw him and immediately stopped, shifted into drive and before a could hit the accelerator, he hit me. A football size impression at my rear corner.

It was a young kid. We exchanged information. I called and talked to the mom who defended her son, saying since he was more than half way across, he must have pulled out first and then I pulled out and hit him. But the fact is, I saw him and stopped well before collision and he never saw me, kept in reverse, until he hit me.

Dad was out of town and will call me tonight.

I don't know whether I should call my insurance co. now and let them handle it or what. It's the kid's word against mine as far as I figure. And I don't know how the person "at fault" is determined or even if it is.

TYIA

GKeeper316
6/14/2011, 03:43 PM
in something like this where there is no accident record, you will want to involve your insurance company as soon as possible. if the two parties have conflicting stories as to the events which lead to the accident, they are legally obligated to supply representaton.

soonerchk
6/14/2011, 03:47 PM
I'd call my insurance company and let them deal with it. sounds like Mommy is going to be a real PITA, and I have better things to do.

olevetonahill
6/14/2011, 03:49 PM
Yup call yer agent, Any chance theres Video of the Parking lot?

The
6/14/2011, 03:53 PM
Don't do anything. It'll just take care of itself.

OUMallen
6/14/2011, 03:53 PM
I'd call my insurance company and let them deal with it. sounds like Mommy is going to be a real PITA, and I have better things to do.

Boom. Call insurance company NOW.

Sooner_Tuf
6/14/2011, 03:53 PM
Whoever was moving when the cars touched is the one at fault. But I doubt in this situation fault is assigned to one or the other.

I would just do like your insurance company recommends, don' say anything except to them.

Mississippi Sooner
6/14/2011, 03:54 PM
Discussing fault never accomplishes anything, and is usually a bad idea. As others have said, call you insurance company as soon as possible and let them handle it. They're the experts.

olevetonahill
6/14/2011, 04:07 PM
If there was No damage to the other car, Id just get mine fixed on my own, By the time you pay yer deductible Then get hit for a increase Ins, Premium. , Ya gonna prolly be out MORE money.

pphilfran
6/14/2011, 04:18 PM
No fault...How much is your deductible?

sooner59
6/14/2011, 04:41 PM
Yup call yer agent, Any chance theres Video of the Parking lot?

That's what I first thought of.

BajaOklahoma
6/14/2011, 05:54 PM
Next time, pull out your phone and take pictures. Before you move your vehicle.
I happened to me in OKC a couple of years ago, I was over halfway out and she never looked. Amazingly, the other person didn't speak English (so how did you get your license).

It's going to be your word against his word, unfortunately. The halfway defense doesn't matter because you still need to be aware of your surroundings as you drive.
BTW, how is your neck?

Dodgers
6/14/2011, 06:09 PM
No one is at fault, your insurance will take care of your car, his will take care of his, if there's damage. No big deal, let your insurance handle it and don't stress out about it.

47straight
6/14/2011, 06:13 PM
He is at fault, but the insurance company is going to act like it was no-fault because it's simply not big enough for them to fuss with. Your deductible has got to be less than the repair cost (if it isn't, you've got to low of a deductible and you need to raise it to lower your premiums).

If that's the case, I'd skip filing on my own insurance and just file a claim against his. Take him to small claims if you have to.

This is the path of coming out ahead $-wise the best.

XingTheRubicon
6/14/2011, 07:05 PM
Tell his mother you can't hear so well due to your cervical collar.

thecynic
6/14/2011, 07:10 PM
go to his house, bash his car with a bat, and shout "this is what happens when you fark a stranger in the azz!"

SanJoaquinSooner
6/14/2011, 07:38 PM
I got an estimate. They'd be replacing the bumper cover. $840 if it's for an insurance claim, but he gave me a second copy with the $840 marked out and 600 written in if I choose not to file a claim and just take in on the chin.

My collision deductible is $500. So if the insurance co. does not assign fault in this matter, I pay the 500, right? Is there a downside to filing a claim that could make me pay greater premiums in the future?

I didn't think about the parking lot camera. I'll check that out.

olevetonahill
6/14/2011, 07:49 PM
I got an estimate. They'd be replacing the bumper cover. $840 if it's for an insurance claim, but he gave me a second copy with the $840 marked out and 600 written in if I choose not to file a claim and just take in on the chin.

My collision deductible is $500. So if the insurance co. does not assign fault in this matter, I pay the 500, right? Is there a downside to filing a claim that could make me pay greater premiums in the future?

I didn't think about the parking lot camera. I'll check that out.

Yes.
It seems all you will be saving is a 100 bucks . Take it and be glad it wasnt worse Bro.

Years ago I found CHEAP Ins. had the company 3 years then Left my window a little bit and 2 Tom cats got in the car and had one hell of a fight. Upholster torn and Blood every where
Called the agent they said Just go get it fixed. I did then they tripled my premiums :mad:

olevetonahill
6/14/2011, 07:51 PM
Oh and Increase that Deductible to at least a 1000. Yer premiums will go way down .

SanJoaquinSooner
6/14/2011, 07:56 PM
He is at fault, but the insurance company is going to act like it was no-fault because it's simply not big enough for them to fuss with. Your deductible has got to be less than the repair cost (if it isn't, you've got to low of a deductible and you need to raise it to lower your premiums).

If that's the case, I'd skip filing on my own insurance and just file a claim against his. Take him to small claims if you have to.

This is the path of coming out ahead $-wise the best.

So you'd suggest calling his insurance company and not my own?

olevetonahill
6/14/2011, 08:10 PM
So you'd suggest calling his insurance company and not my own?

Id say ONLY if you can Prove(Thru witnesses, Parking lot Vids) that it was HIS fault. Bro 600 bucks aint enough to get upset about.

His Insurance will in turn contact yers so there no advantage to You contacting them .

walkoffsooner
6/14/2011, 08:59 PM
I have been through this,
call your insurance and hope for the best.

olevetonahill
6/14/2011, 09:04 PM
I have been through this,
call your insurance and hope for the best.

For THAT SMALL of an amount? I say fix it on yer own and dont take the risk of an Increase in premiums. Then go ahead and get that deductible raised.

soonerboomer93
6/14/2011, 09:34 PM
So you'd suggest calling his insurance company and not my own?

That's what I did last summer when a 16 yo pulled out in front of me on a limited sight intersection. They eventually paid, I took photo's immediately etc. They couldn't get a copy of the police report, I went and picked one up, but thy called me the same day to tell me they were covering without seeing the report. I called them as soon as I got home after the accident.

Also, be wary. With modern bumpers, they have to replace the whole thing for almost any damage. My 5 mph as a actually heavily damaged, but that's what they told me at the repair place. Of course they could have been full of it, but as I said, the whole subsystem on mine was damaged to it did need replaced.

47straight
6/14/2011, 10:51 PM
Your premiums will go up even more. Go after the jackass for $600

olevetonahill
6/14/2011, 10:55 PM
Your premiums will go up even more. Go after the jackass for $600

How will his Premiums go up , If he dont file a claim? Dude has a 500 deductible So Insurance is only gonna give him a 100.Pay the ****in 100 out of pocket and move on.

47straight
6/15/2011, 12:21 AM
How will his Premiums go up , If he dont file a claim? Dude has a 500 deductible So Insurance is only gonna give him a 100.Pay the ****in 100 out of pocket and move on.

We're agreeing. His premiums will go up if he files a claim with his own insurance, I was responding to his last post.

olevetonahill
6/15/2011, 12:27 AM
We're agreeing. His premiums will go up if he files a claim with his own insurance, I was responding to his last post.

:cool: but if its a No Fault dealio then he just needs to bite it, Now if he has Wits and or Vids thats a whole nuther country.;)

GKeeper316
6/15/2011, 01:57 AM
I got an estimate. They'd be replacing the bumper cover. $840 if it's for an insurance claim, but he gave me a second copy with the $840 marked out and 600 written in if I choose not to file a claim and just take in on the chin.

My collision deductible is $500. So if the insurance co. does not assign fault in this matter, I pay the 500, right? Is there a downside to filing a claim that could make me pay greater premiums in the future?

I didn't think about the parking lot camera. I'll check that out.

nice insurance fraud he's doing there...

SanJoaquinSooner
7/15/2011, 01:25 AM
http://i995.photobucket.com/albums/af80/sanjoaquinsooner/before.jpg

I got the repair done today.

When the dad called me, he was much more reasonable than the mom. As others in this thread mentioned, it is likely the insurance companies would treat it as "no fault" and either split the cost or just take care of their own. The dad mentioned this too. He then offered me $400 and signing a mutual release agreement. I figure he realized that he had more to lose with a newly licensed teenaged male driver with a claim, even if it is small change. He works for Big Blue.

I accepted the offer, and got the repair for $600. So all said and done I"m out 200. Had I filed the claim I might have been out 500 with a claim on my record. So I'm satisfied.

That $600 was easy money for the repair shop. They replaced it in minutes, although they did the paint job earlier. The rectangular hole was a cutout to match the paint.

sooner59
7/15/2011, 02:39 AM
Not bad. Just put it behind you and go about your life. I was in class when someone hit my car while I was legally parked along the street near campus (OUHSC). It took me 3 months to get my car back after both insurance companies wanted to originally total it and screw me on its value. It could have been worse. In the end, its not worth the stress on just a bumper.